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University Of Nottingham Data Breach Compensation Claims Guide

When you begin a university course, it’s inevitable that you’ll need to provide some personal information. The data you provide is required to help the university manage and track your progress. However, you probably wouldn’t want that information to get into the wrong hands, would you? Luckily, new laws mean that steps to protect your personal and sensitive information must be taken. This article will review if it could be possible to make data breach claims against the University of Nottingham. We will also look at what suffering can result from a data breach and when data breach compensation might be awarded.

University of-Nottingham data- breach claims guide

University of-Nottingham data- breach claims guide

You may have heard of the General Data Protection Regulation (GDPR) in recent years. The Data Protection Act 2018 was introduced into law as a result of this. The aim of this legislation is to provide individuals (or data subjects) with better control over when and how organisations (data controllers) use their personal information. Additionally, data controllers are now legally obliged to implement measures to try and keep your information secure. Any organisation that is guilty of breaking data protection rules can be investigated and fined by the Information Commissioner’s Office (ICO). Separately, if you are harmed by such a breach, you could be entitled to claim compensation.

Legal Expert can help with any type of data breach claim. We offer free legal advice. We will assess any claim without obligation. If your claim appears viable, we could appoint a specialist to work with you. If that happens, they’ll work on a No Win No Fee basis throughout your claim.

To discuss how we could support your claim, please call us today on 0800 073 8804. Or, to learn more about data breach claims before you call, please continue reading.

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A Guide To Data Breach Claims Against The University Of Nottingham

The GDPR has had a large impact on the way we do things nowadays. Since its introduction, the way in which we register with a doctor, shop online, book appointments or enrol on a university has changed. When you do many things these days, you’ll have paragraphs (sometimes pages) of information provided to you that explains how your personal data will be processed. You will also have to click on those annoying pop-up boxes, or tick boxes on forms, to consent to your data being used.

These steps happen because the GDPR insists that data controllers tell you why your data is needed. Importantly, they have to adhere to your preferences. On top of all that, data of a personal nature must be kept secure and confidential to prevent data breaches. If a breach does occur, as well as an ICO investigation being conducted, you could claim for any harm you suffer as a result.

As with all compensation claims, you will need to start your claim within the relevant time limits. In many cases, there is a 6-year limitation period, however, you may wish to check as cases involving human rights breaches only have 1-year to be made. Our solicitors will usually advise you to start your legal action as early as you can. This will make it easier to recall how you have been affected. In addition, an early start might make it easier to secure supporting evidence.

After you have gathered the information you need from this article, you can contact our advice centre. If you have any additional questions or if you would like to discuss starting a claim call today.

What Is A Data Protection Breach?

Data breaches that make it into the press are usually linked to cybersecurity issues. You might think of malware, spyware, denial of service attacks, phishing emails or ransomware when we discuss breaches. However, it is important to point out that the GDPR covers all sorts of personal information, not just data stored digitally. For example, if a GP surgery keeps patient records on paper still, then they need to ensure they are kept in locked cabinets.

The definition used by the GDPR to explain personal data breaches is where a security problem leads to personal information about a data subject being disclosed, destroyed, lost, altered or accessed in ways that have not been approved. Importantly, the ICO can use its power to investigate whether the breach was caused deliberately, accidentally or illegally.

After a breach has been identified, data controllers are obliged to investigate. They also need to let any data subject who is at risk know what’s happened. They should explain what data was leaked, how the incident took place and when it happened.

If you are unsure whether you can make data breach claims against Nottingham University, please get in touch with our advice centre today.

Applying The GDPR Rules To University Data

Within the 88-pages of the GDPR legislation, you will find some well-written guidance on different roles and responsibilities relating to data security. As an example, if a university is registered as a data controller, they need to show that they comply with rules relating to data. They must:

  • Ensure the information is used fairly, clear and lawfully.
  • Only use the information for specific purposes.
  • Only collect information that is necessary and relevant.
  • Not keep personal information for any longer than necessary (no specific time limit is defined).
  • Carry out data processing in a way that is secure and confidential.
  • Make sure any personal information that is stored is kept up to date (or provide a method for data subjects to update it themselves).

The data that the GDPR covers is anything that could help to identify the data subject. For instance, names, addresses, mobile numbers, email addresses, staff identification numbers or student enrolment numbers. Additionally, data that could help indirectly identify the data subject like information about sexual orientation, disabilities, ethnicity or age are also covered by the act.

Personal Data Breaches And Information Governance At Universities

In this section, we are going to provide details of a data breach that took place last year that affected universities. Although the University of Nottingham were not involved, the breach did mean a number of UK universities needed to let staff, students and alumni know to remain vigilant.

The incident involved a software company that provide data solutions to many higher education establishments. Blackbaud’s databases are used by many universities.

In May 2020, the company’s systems were hacked. They also received a ransom demand from hackers. Upon investigation, it was established that the hackers had in fact accessed, and downloaded, a portion of the data stored.

As required by law, Blackbaud informed all of their affected customers of the breach which include information such as names, addresses, telephone numbers and how past students had helped the university after leaving. The universities then went on to explain the risks to anybody who may have been affected.

In an unusual step, Blackbaud decided to pay the hackers ransom so that the data would be destroyed. While this is not recommended, they did receive assurances that the information was no longer usable.

Source: https://www.bbc.co.uk/news/technology-53528329

For details on how we could help you claim for harm caused by a personal data breach, please call our advice centre today.

Statistics On Breaches In Data Protection At Universities

Now we are going to refer to a study, conducted by an IT security specialist, to look at statistics regarding data security at universities. The study, relating to 86 UK universities, found that:

  • Annual budgets to train staff on data security methods was quite low at just £7,529
  • 46% of respondents had not received awareness training in the past year
  • 27% admitted that their IT infrastructure had never had a penetration test performed in the past year
  • 54% of the universities had needed to inform the ICO about data breaches in the past year.

Report: https://www.redscan.com/media/The-state-of-cyber-security-across-UK-universities-Redscan-report.pdf

Hacker Information Security Incidents

As you can imagine, many data breaches that take place are caused by hackers. So, what can be done to stop them? Well, we are not IT security specialists by any means, but there are various measures that could help prevent breaches in the future. They include:

  • Ensuring staff and students receive adequate data safety training.
  • Using encryption on devices so that, if they are lost or stolen, the data they contain is unreadable.
  • Asking an IT security firm to test the university’s security to spot any flaws so that they can be fixed before hackers spot them.
  • Having a data protection policy that is reviewed and updated regularly.
  • Having a policy that only allows fully patched devices on to the university’s computer network.

It’s quite common to hear that university budgets are stretched so implementing measures such as these might seem expensive. However, in the long term, they could help prevent ICO fines as well as a lot of harm to university staff and students.

Types Of Compensation Available To Data Breach Victims

We would like to tell you that settling a personal data breach claim is as easy as asking the defendant for a certain amount of money, but it’s not! For any claim, you will need to explain why you want to be compensated and you will need to provide evidence to substantiate your allegations. Furthermore, because you’re not allowed to claim for the same thing twice, you need to factor in any future harm that the data breach might cause.

Generally, the financial impact of the data breach will be considered. In a material damages claim, you’ll usually start by working out the amount of money you have already lost (if any). Then, in some cases, you might need to calculate future losses as well. For instance, if you’ve been the victim of identity theft, there may be a negative impact on your personal credit file. If that’s the case, you might have to pay a higher rate to take out loans, mortgages or credit cards for several years to come.

The next element of your claim, called non-material damages, looks at compensating you for any mental suffering. An independent expert will examine your condition. As an example, you might need to claim more if the symptoms of Post-Traumatic Stress Disorder (PTSD) mean you find it difficult to cope with life, return to work, or trust people you have personal relationships with.

If you contact Legal Expert, and your case is taken on, a solicitor will review all the evidence to ensure you are compensated correctly.

How Much Compensation Could I Claim For A Nottingham University Data Breach?

You may be wondering how much compensation could potentially be awarded for data breach claims against the University of Nottingham. In this section, we will move on to look at the level of compensation that could be claimed for psychiatric injuries. To provide a personalised compensation estimate, we will need to assess your claim first. However, we can supply some example figures in this part of our guide.

The Court of Appeal made some important decisions when reviewing the case Vidal-Hall and others v Google Inc [2015]:

  1. You are able to ask for compensation for injuries relating to a data breach whether you’ve suffered financially or not.
  2. If compensation is awarded, it should be set at the same rate as personal injury claims.

The compensation table below contains figures from the Judicial College Guidelines or JCG for some relevant injuries. Solicitors may use the JCG to help value compensation claims.

Edit
Claim Severity Level Settlement Bracket Supplementary Details
Psychiatric Damage Severe £51,460 to £108,620 Because the claimant is unlikely to react well to treatment, they will remain vulnerable and be given a very poor prognosis.
Psychiatric Damage Moderately Severe £17,900 to £51,460 A more optimistic prognosis will be provided in this bracket but the claimant will suffer in the same way initially.
PTSD Severe £56,180 to £94,470 The symptoms of Post-Traumatic Stress Disorder will be permanent in this category. Returning to work, coping with life and maintaining personal relationships will be very difficult.
PTSD Moderately Severe £21,730 to £56,180 The claimant will suffer the same as above in the foreseeable future. However, with specialist support, there will be some level of improvement.

To receive the right amount of compensation, you’ll need to provide evidence as to how severe your injuries are. That’s why, during your claim, you will be invited to visit a local independent medical specialist. During your medical assessment, you will be asked some questions about how you have been affected. Your medical notes will also be considered. A report will then be compiled by the specialist and sent to your solicitor after your appointment has ended.

How Do Claims For Breaches In Data Protection Rules Work?

If you’ve completed this article on if it may be possible to make data breach claims against the University of Nottingham, you might want to know where to find a solicitor and how they could help you. To do this, you may wish to read online reviews, ask friends to recommend a solicitor or look on your local high street. However, we have an easier and less time-consuming option. Simply call Legal Expert’s advice centre.

If you do, you can ask an advisor as many questions about claiming as you need to. They’ll go through your case with you and explain your options. If the claim appears strong enough, you could be referred to one of our solicitors.

When a case is taken on, a solicitor is appointed to work on it. They will be accessible during the claim to answer queries, update you, and explain any complex legal jargon. They will handle all communication with the defendant and work tirelessly to try and make sure you’re awarded the correct level of compensation.

Please call Legal Expert today if you’d like to begin a university data breach claim.

No Win No Fee Claims For Data Breaches At The University Of Nottingham

We can provide a No Win No Fee service for any claim that we take on. As well as making the process less stressful, our service reduces your financial risk too.

One of our data breach specialists will need to check your claims feasibility before accepting it. If they decide to work for you, they will supply you with a Conditional Fee Agreement (or CFA). This contract will outline how your case will be conducted and it will also show that:

  • No payment will be needed to be paid upfront to your solicitor.
  • There will not be any solicitor’s fees (or hidden charges) payable while the case proceeds.
  • Should your claim not be successful, you won’t be asked to pay the solicitor’s fees at all.

If there is a positive result in your case, your solicitor’s fees will be covered by a ‘success fee’. This fee is listed in the CFA, which means you’ll know how much is payable before agreeing to start your case. The success fee is a fixed percentage of any compensation you receive, and it is legally capped, so you needn’t worry about being overcharged.

To enquire whether you could claim using our No Win No Fee solution, please call the advice centre today.

Contact Our Team Today About Data Breach Claims Against The University Of Nottingham

All that’s left for us to do now you’ve read this article about the criteria for making data breach claims against the University of Nottingham is to let you know how to get in touch. If you have any queries, or if you have decided to start a claim, here’s how to begin:

There is no point in us wasting anybody’s time so our advisors will provide honest and open feedback about the chances of your claim is won. An advisor will start by reviewing the merits of your claim and giving free legal advice. If your case is accepted by us, you will have a specialist solicitor appointed to you. They will operate on a No Win No Fee basis to reduce your financial risks.

Data Protection References

This is the last section of our guide. We have so far provided details on when data breach claims against the University of Nottingham might be a possibility. Therefore, we are now going to supply some resources which you may wish to refer to during your claim. Additionally, so we can demonstrate the other types of claims we could help you make, we’ll also add some more Legal Expert guides as well. Please do contact our team if you need any additional information.

Your Data Matters – A series of guides written by the ICO on your rights regarding data protection.

Find Mental Health Services – An NHS resource that explains where you could turn if you’re suffering from depression, anxiety or stress.

No Win No Fee Services – A more detailed explanation of how you can claim using a No Win No Fee agreement.

Workplace Stress – Information about when claiming for stress at work might be possible.

Back Injury Claims – Details of when our solicitors could help you claim for back injuries caused by somebody else’s negligence.

Other Useful Compensation Guides

Written By Hambridge

Edited by Melissa.

 

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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